Delhi High Court
Manisha vs Laxmi Bai College And Ors on 19 October, 2011
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7454/2011 & CMs No.16915-16926/2011
Decided on 19th October, 2011
IN THE MATTER OF :
MANISHA ..... Petitioner
Through: Mr. R.N. Dubey, Advocate
versus
LAXMI BAI COLLEGE AND ORS ..... Respondents
Through: Mr.Pawan Kumar Aggarwal, Advocate for
respondents No.1 and 3/College.
Ms. Maninder Acharya, Adv. for respondent
No.2/University of Delhi with Mr. Deepak Vats,
Deputy Registrar (Legal).
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
HIMA KOHLI, J. (Oral)
1. The present petition is filed by the petitioner, who is a student of
respondent No.1/College praying inter alia for quashing of the notice
dated 22.09.2011 issued by respondent No.1/College, declining her
request for seeking a transfer from B.A. (Programme) course to
B.A.English (Hons.) course on the ground that the said request was
received after the cut-off date specified by the University of Delhi, i.e.,
after 30.08.2011.
2. Counsel for the petitioner submits that the aforesaid notice runs
contrary to the consent given by the Vice-Principal of the respondent
No.1/College, to the petitioner on 14.9.2011, for being transferred from
B.A. (Programme) course to B.A. English (Hons.), which was duly
endorsed by the Head of the English Department of respondent
No.1/College. In this regard, he draws the attention of this Court to the
documents enclosed with the petition as Annexure P-2. He submits that
pursuant to receiving the aforesaid consent, the petitioner proceeded to
deposit the fee of `200/- for the change of course to B.A.English (Hons.)
(Annexure P-3) and even attended the classes for B.A. English (Hons.)
w.e.f. 14.09.2011 to 29.09.2011. However, after issuance of the
impugned notice dated 22.09.2011, the petitioner was reverted back to
the B.A. (Programme) course and was also issued a notice dated
27.09.2011, calling upon her to submit her University Examination Form
for the 1st Semester 2011 in respect of the B.A. (Programme) course.
Counsel for the petitioner further states that the petitioner has been
discriminated against as in similar circumstances, another student,
namely, Ms. Hem Lata was granted fresh admission to B.A.English (Hons.)
course on 19.09.2011, even though her request for the same was made
to respondent No.1/College much after the cut-off date as prescribed by
the University of Delhi.
3. Counsels for respondents No.1 and 3/College and respondent
No.2/University of Delhi jointly state that in the present case the date
prescribed by the Academic Council for accepting admissions for the
current academic year was 30.08.2011, which could be relaxed only by
the Principal, and since in the present case the consent was given by the
Vice-Principal, the same would not be of any assistance to the petitioner.
It is further stated by the counsels for the respondents that reliance
placed by the petitioner, on the case of another student by the name of
Ms. Hem Lata, who it is stated was granted admission much after the last
date prescribed i.e. 30.08.2011, is misplaced inasmuch as the aforesaid
student's case was one of re-admission to the same course, namely,
B.A.English (Hons.) for which she had already applied in the previous year
and hence, the facts of the said case are entirely different from that of the
petitioner herein. He further states that the examinations for the 1 st
Semester for the year 2011 in respect of the B.A. (Programme) course
are slated to begin in November 2011 and any delay on the part of the
petitioner in joining the B.A. (Programme) course may adversely impact
her academic career.
4. Counsels for respondents have brought Clause 3 of Ordinance II of
the University of Delhi to the notice of this Court, which mandates that
admissions shall be finalized by the Principals of Colleges and Deans of
Faculties concerned, as the case may be, not later than such last date as
may be prescribed by the Academic Council from time to time. A proviso
has been carved out in the aforesaid clause to the extent that the Vice-
Chancellor has the discretion to allow admission after the prescribed last
date inter alia for very exceptional reasons. In the present case, in light of
the fact that the petitioner applied for a transfer to the B.A.English
(Hons.) course well past the prescribed last date i.e. 30.8.2011 and
considering the fact that the consent for admission beyond the cut off
date was given by the Vice-Principal of respondent No.1 who was not
competent to do so, and not by the Principal as required under the
provision, this Court does not find any illegality or perversity in the
impugned notice dated 22.9.2011, which is upheld.
5. At this stage, counsel for the petitioner submits that due to the
delayed rejection of petitioner's request for transfer to the B.A. English
(Hons.) course by notice dated 22.9.2011, the petitioner has been further
prejudiced as her examination form for B.A.(Programme) Course may not
now be accepted by respondent No.2/University of Delhi as the cut-off
date for submission of such forms was 21.09.2011 and one month has
passed therefrom, thus making the petitioner ineligible to sit for the
examination for the B.A. (Programme) course scheduled in November
2011.
6. Counsel for respondent No.2/University of Delhi states, on
instructions from her client, that in view of the peculiar facts and
circumstances of the present case, the petitioner would be granted
relaxation for submitting her University Examination Form for the B.A.
(Programme) course to enable her to sit for examination for the 1st
Semester in November 2011 if she applied immediately. The aforesaid
suggestion is acceptable to the counsel for the petitioner.
7. In view of the aforesaid position, the present petition is disposed of
while upholding the impugned notice dated 22.09.2011 and directing that
in view of the fact that the petitioner has been attending the B.A.
(Programme) course ever since her admission till date except for a period
of two weeks between 14.09.2011 to 29.09.2011, she shall continue to
remain a student of the B.A. (Programme) course and shall be permitted
to sit for her 1st Semester examination in November 2011, upon
submitting University Examination Form to the respondent No.1/College
within one week, which shall in turn be forwarded forthwith by respondent
No.1 to respondent No.2/University of Delhi for the latter to relax the
period for accepting the said form in the peculiar facts and circumstances
of this case. It is further directed that merely because the petitioner did
not attend the B.A. (Programme) course for the period w.e.f. 14.09.2011
to 29.09.2011, it would not result in any shortfall of attendance for her,
which may preclude her from taking the examination for the 1 st Semester
in November 2011.
8. The petition is disposed of alongwith the pending applications.
DASTI to the parties under the signatures of the Court Master.
HIMA KOHLI,J
OCTOBER 19, 2011
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